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Child PR card expired outside Canada, decision of parents

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rish888

Guest
Thanks your reply.Yes I do have us visa. But it still dont look so simple.Most of the univercity are asking for valid pr card as proof of resident.
Even at canadian border there should be some immigration can we show them expired pr card? even if we enter in canada how do canada immigration will come to know are two years we are staying as resident? i have original landing paper and sin card also.do recommend any one for help?
You have a right to enter Canada because you are a Permanent Resident. The PR card is not the same as your PR status, so you may enter Canada with an expired card and by law the officer is required to let you in.

Once you stay for two years you can apply to renew your PR card. You prove you have stayed for two years by showing documents like your apartment lease (even if you stay in the university dorm you will still sign a lease) certificate of attendance from your university etc.

Which university are you applying to that will only take a valid PR card?

Most of the well known ones take the record of landing. Examples are:

University of Toronto

University of Waterloo

McGill University

Concordia University

and more

Your record of landing will also get you health insurance and a driver's license.

If you want a PR card, at the border request the immigration officer for an "official determination on the validity of my H&C considerations." Say you would like the determination to go on your immigration file.

With an official determination, you can renew your PR card immediately without staying two years, because a positive official determination in effect "forgives" your violation.

You have a U.S. visa, so that puts you in a pretty good situation. I don't know if you have ever travelled by land border before, but it's basically the same like an airport. Crossing the U.S. Canada land border is not like crossing the Indo-Pakistani one.

Let me know if you have any more questions, I'll be happy to assist.

If you're uncomfortable with the land border you can always apply for a PRTD as long as you are willing to roll that dice.
 
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jignesh72

Full Member
Sep 28, 2017
33
0
Thanks for your reply. Yes most of uni takes record of lading IIM1000.but in addition they also need one identification with photo issued by Canadian government. Or valid pr card. When high schooling is done outside uni ask for more proof of residency.
 

jignesh72

Full Member
Sep 28, 2017
33
0
You have a right to enter Canada because you are a Permanent Resident. The PR card is not the same as your PR status, so you may enter Canada with an expired card and by law the officer is required to let you in.

Once you stay for two years you can apply to renew your PR card. You prove you have stayed for two years by showing documents like your apartment lease (even if you stay in the university dorm you will still sign a lease) certificate of attendance from your university etc.

Which university are you applying to that will only take a valid PR card?

Most of the well known ones take the record of landing. Examples are:

University of Toronto

University of Waterloo

McGill University

Concordia University

and more

Your record of landing will also get you health insurance and a driver's license.

If you want a PR card, at the border request the immigration officer for an "official determination on the validity of my H&C considerations." Say you would like the determination to go on your immigration file.

With an official determination, you can renew your PR card immediately without staying two years, because a positive official determination in effect "forgives" your violation.

You have a U.S. visa, so that puts you in a pretty good situation. I don't know if you have ever travelled by land border before, but it's basically the same like an airport. Crossing the U.S. Canada land border is not like crossing the Indo-Pakistani one.

Let me know if you have any more questions, I'll be happy to assist.

If you're uncomfortable with the land border you can always apply for a PRTD as long as you are willing to roll that dice.
I have confirmation of permenent residence which is IIM5292.
but alone is not sufficient.
 
R

rish888

Guest
I have confirmation of permenent residence which is IIM5292.
but alone is not sufficient.
Once you're in Canada you should apply for either a photo card or drivers license from your province. That will be your Canadian ID, not your PR card.

In Ontario (where Toronto is) you can get a photo card with just you passport, and they deliver it in around 6 weeks.

Eventually you will also get your Health Card, which will be a second piece of Canadian photo ID.

p.s. for University of Toronto if you scroll to the bottom of the requirements it says that if you don't have Canadian ID you can give your foreign passport instead.
 

jignesh72

Full Member
Sep 28, 2017
33
0
Once you're in Canada you should apply for either a photo card or drivers license from your province. That will be your Canadian ID, not your PR card.

In Ontario (where Toronto is) you can get a photo card with just you passport, and they deliver it in around 6 weeks.

Eventually you will also get your Health Card, which will be a second piece of Canadian photo ID.

p.s. for University of Toronto if you scroll to the bottom of the requirements it says that if you don't have Canadian ID you can give your foreign passport instead.
Thanks rish for your information about photo card. However for university of Toronto is writing at bottom of you don't have Canadian Id.you need passport not foreign passport. I think they mean Canadian passport .fore
 
R

rish888

Guest
Thanks rish for your information about photo card. However for university of Toronto is writing at bottom of you don't have Canadian Id.you need passport not foreign passport. I think they mean Canadian passport .fore
It still doesn't matter since one of the first things you should do is get a photo card. (Canadian ID)

You can get a photo card with your foreign passport.

Call of University of Toronto and ask if they will take a foreign passport, but even if they don't you still always have the photo card.
 

jignesh72

Full Member
Sep 28, 2017
33
0
Reply from uot
It is the registrar’s office that makes decisions about whether you will be eligible for domestic fees or not. I believe if you prove to them that you still have PR status they will consider you as a domestic student.
 
R

rish888

Guest
Reply from uot
It is the registrar’s office that makes decisions about whether you will be eligible for domestic fees or not. I believe if you prove to them that you still have PR status they will consider you as a domestic student.
If you get into UoT you don't need a PR card because they take the CoPR, it's right there on their website.

For York I'm a bit surprised they don't accept the CoPR, but if you decide to go to a university that will only take a PR card, then ask for an official determination at the land border. You can apply for a PR card immediately with a positive official determination.

p.s. Did York specifically say no to the CoPR?
 

zardoz

VIP Member
Feb 2, 2013
13,298
2,167
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
Hello,
I am from Mauritius and I have been living in Québec for more than a year. I gained pr status. My mother was living alone with my sister and I. Yet after some times, my mother fell sick (heart disease) and we had to go back to the country. Furthermore, my father did not find a job in Québec. Besides, he still had the opportunity to regain his former job in Mauritius which was more stable. Therefore in June 2010 the whole family returned back to Mauritius. I was 7 years old and I didn't get to choose whether to stay or to go. Later, my father said that he would not go back to Canada. My mother expressed her desire to follow her husband and to stay in Mauritius. Yet they told me it was possible for me to go back later on which i found out not to be true.

Now my father has left the country and went to work as an engineer in Kenya. My mother is therefore staying alone with us till the end of our high school studies. Yet she is falling sick again. This time diabetes. She wants to go in Kenya with my father and live there with him. Yet my sister and I didn't adapt to the educative system there.
I am now 17 years of age and almost done with my high school. I asked my parents if I could try to go back. They finally agreed. Yet they say that my sister is too young to go back to Canada alone with me.

Moreover, my PR card has expired and I know I therefore need a TD to go back. Yet I don't think I satisfy the criteria to ask for a TD. I heard that I should therefore ask for Humanitarian and compassionate grounds. According to the OP10 Permanent Residency Status Determination page 15 I am eligible for Accompanying a PR outside of Canada.
Does that make me eligible for a TD?
Furthermore, According to OP10 Permanent Residency Status Determination page 15, it is stated that in evaluating humanitarian and compassionate factors, the manager or immigration officer must take into account the best interests of the children directly affected by any determination of their residency status or that of their parents.
Does that mean that I will get Humanitarian and compassionate grounds?

Finally is is also said that Managers and immigration officers should not limit the exercise of their discretion only to cases of unusual and undeserved hardship. They should consider approving cases on humanitarian and compassionate grounds wherever the hardship of losing residency status would have a disproportionate impact on the permanent residents or on their family members, taking into account personal circumstances.

Does this means that approval of a PRTD is subjective and that it usually depends on the Immigration officers or managers?

Thank you,
Asher Matthew.
On what basis do you think that you are covered by the "accompanying a PR" section of OP 10 (page 15).

6.1 Accompanying outside of Canada
A28(2)(a) (ii) and (iv) provide that each day a permanent resident is outside of Canada
accompanying a Canadian citizen spouse, common-law partner or, in the case of a child, a
parent with whom they ordinarily reside, it is deemed a day of physical presence in Canada.
Each day a permanent resident is outside Canada, accompanying a spouse, common-law
partner or, in the case of a child, a parent who is also a permanent resident and with whom
they ordinarily reside, is also deemed a day of physical presence in Canada provided the
spouse, common-law partner or parent of the other permanent resident is employed on a full-
time basis by a Canadian business or in the public service of Canada or of a province.
I presume that you are expecting the section in bold to apply but it only applies if the underlined conditions are true, which in your circumstances is not the case.
 

meyakanor

Hero Member
Jul 26, 2013
519
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Visa Office......
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App. Filed.......
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Doc's Request.
26-02-2013
AOR Received.
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Med's Request
21-03-2013
Passport Req..
16-04-2013
VISA ISSUED...
29-04-2013
LANDED..........
16-05-2013
With York University, you don't even need to be a PR to qualify for domestic tuition rates, as even approval in principle is sufficient.

http://calendars.students.yorku.ca/2017-2018/academic-and-financial-information/financial-information/academic-tuition-fee-categories

I find it really hard to believe that York University would require one to show a PR card as a proof for permanent resident status.

University of Toronto does not require permanent resident card, since COPR would suffice (provided that you have another government issued ID; so go get your OHIP the soonest you can or driver's license, or Ontario photo ID if you can't drive):

If you are a permanent resident of Canada, you will need to provide both proof of your permanent resident status in Canada and identity through one of the following options:

  • Option 1: Valid Permanent Resident Card *
  • Option 2: Record of landing (IMM1000) AND one (1) piece of Canadian government-issued photo identification*
  • Option 3: Confirmation of permanent residence (IMM 5292 or IMM 5688) AND one (1) piece of Canadian government-issued photo identification*
http://tcard.utoronto.ca/legal-status-documentation/
Likewise for University of Waterloo, where COPR alone is enough as a proof of permanent resident status:
You must have one of the following documents to claim permanent residency:
  • Record of Landing (IMM 1000)
  • Permanent Resident Card (PRC)
  • Confirmation of Permanent Residence (IMM 5292)

https://uwaterloo.ca/graduate-studies/current-students/update-your-immigration-status
And Ryerson:

A student wishing to be exempt from the international fee rate must obtain original documents based on the requirements of Enrollment Services and Student Records. For example, an original Confirmation of Landing paper or Permanent Resident Card to verify permanent resident status. Photocopies of documents will not be accepted.

https://www.ryerson.ca/studentlife/internationalsupport//services/financialassistance/feeexemption/
If York University continues to make a problem out of it, you can probably bring it to their attention that a permanent resident is not required to carry nor possess a PR card, and no such provision exists within IRPA about the requirement of needing to have a valid PR card (as follows, straight from the horse's mouth):

The IRPA does not require permanent residents in Canada to hold a PR card nor to have one when they present themselves at a port of entry.

https://www.canada.ca/content/dam/ircc/migration/ircc/english/resources/manuals/enf/enf27-eng.pdf
 
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R

rish888

Guest
With York University, you don't even need to be a PR to qualify for domestic tuition rates, as even approval in principle is sufficient.

http://calendars.students.yorku.ca/2017-2018/academic-and-financial-information/financial-information/academic-tuition-fee-categories

I find it really hard to believe that York University would require one to show a PR card as a proof for permanent resident status.

University of Toronto does not require permanent resident card, since COPR would suffice (provided that you have another government issued ID; so go get your OHIP the soonest you can or driver's license, or Ontario photo ID if you can't drive):



Likewise for University of Waterloo, where COPR alone is enough as a proof of permanent resident status:


And Ryerson:



If York University continues to make a problem out of it, you can probably bring it to their attention that a permanent resident is not required to carry nor possess a PR card, and no such provision exists within IRPA about the requirement of needing to have a valid PR card (as follows, straight from the horse's mouth):
Makes sense. The CoPR solid proof that an individual is a PR. (Combined with photo ID to verify it's in the right hands.) You can also point out to York that OHIP accepts the CoPR as proof of PR and OSAP accepts the CoPR as proof of PR, and that the PR card is just a travel document whereas the CoPR is proof that you actually became a PR.

There was an IAD case where some guy in Nigeria accidently got a PRTD from the Canadian embassy in Nigeria and used it to travel to Canada. Mistakenly believeing he was lucky and had been granted PR, he applied for a PR card and actually got it. Fortunately CIC found out the mistake, got in touch with him and made him surrender the card. He appealed to the IAD claiming that the fact he was granted a PR card made him a PR. He lost. (Note that he only had a PR card, and not a CoPR since he never became a PR.)

So according to York, the would have been happy granting domestic status to that guy, but not to an actual PR who can prove it with a CoPR? Stupid if you ask me.